The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005

PART 6 Amendments of the Pensions Act 2004 (c. 35)

27.  In section 24 (consequences of freezing order), in subsection (6), in the definition of “pension earmarking order”—

(a) after paragraph (a) insert the following paragraph—

“(aa) an order under Part 1 (financial provision in connection with dissolution, nullity or separation) of Schedule 5 to the Civil Partnership Act 2004 (c. 33) (financial relief in the High Court or a county court etc.) so far as it includes provision made by virtue of paragraphs 25 and 26 of Part 6 of that Schedule (powers to include provisions about pensions),”;

(b) in paragraph (b) omit “or”;

(c) at the end of paragraph (c) insert—

“, or

(d) an order under Part 1 (financial provision in connection with dissolution, nullity or separation) of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.: Northern Ireland) so far as it includes provision made by virtue of paragraphs 20 and 21 of Part 5 of that Schedule (powers to include provisions about pensions)”.

28.  Amend paragraph 26 of Part 3 (transitional provisions) of Schedule 11 (deferral of retirement pensions and shared additional pensions) as follows—

(a) in the heading preceding it, after “Widowers'” insert “and surviving civil partners'”, and after “widowed person's” insert “or surviving civil partner's”;

(b) after “widower” insert “or surviving civil partner”;

(c) after “widowed person's” insert “or surviving civil partner's”; and

(d) for “he was over pensionable age when his wife died” substitute “the widower or surviving civil partner was over pensionable age when his wife or, as the case may be, his or her civil partner, died”.